483001825-7-15-2021-01-CC-LLEI-C4YMES-20210716093309

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 483001825
Report Date: 07/15/2021
Date Signed: 07/15/2021 12:10:37 PM

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 101 GOLF COURSE DR. STE. A-230
ROHNERT PARK, CA 94928

This is an official report of an unannounced visit/investigation of a complaint received in our office on
04/13/2021 and conducted by Evaluator Melchisedeck Augustin

PUBLIC

COMPLAINT CONTROL NUMBER: 01-CC-20210413103741

FACILITY NAME:	KINDERCARE LEARNING CENTER		FACILITY NUMBER:	483001825
ADMINISTRATOR:	WENDY CERTEZA		FACILITY TYPE:	850
ADDRESS:	1101 ROSE DRIVE		TELEPHONE:	(707) 745-0916
CITY:	BENICIA	STATE: CA	ZIP CODE:	94510
CAPACITY:	72	CENSUS: 30	DATE:	07/15/2021
		UNANNOUNCED	TIME BEGAN:	08:35 AM
MET WITH:	Erika Ramirez		TIME COMPLETED:	10:00 AM

ALLEGATION(S):

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Unqualified staff.
Facility is operating out of ratio.

INVESTIGATION FINDINGS:

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Licensing Program Analyst (LPA), Melchisedeck Augustin conducted an unannounced subsequent Tele-Investigation visit and met with Center Director, Erika Ramirez (CD) to deliver the finding regarding the above allegations. LPA Augustin previously met with CD on 04/16/21 to discuss the purpose of the inspection, make observations, and request personnel records and facility roster. It was alleged that staff were unqualified, and the facility is operating out of ratio, specifically that there were as many as 20 children in the care of one Teacher and one Aide.

From 04/14/21 through 04/28/21, LPA interviewed one parent, four adults, seven staff, CD and reviewed personnel records. According to statements provided by multiple parent, adults, and staff, there were reports regarding the Pre-K and other classrooms operating out of ratio on multiple occasions for several weeks, specifically noting between 17 to 24 children in care with a fully qualified Teacher and one Aide only. It was also reported that several unqualified staff were working at the capacity of a Teacher. (Continue to LIC 9099-C)

Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Leslie Lepori	TELEPHONE: (707) 588-5060
LICENSING EVALUATOR NAME: Melchisedeck Augustin	TELEPHONE: (707) 494-4918
LICENSING EVALUATOR SIGNATURE:	DATE: 07/15/2021

I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/15/2021

This report must be available at Child Care and Group Home facilities for public review for 3 years.

LIC9099 (FAS) - (06/04)

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Control Number 01-CC-20210413103741

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 101 GOLF COURSE DR. STE. A-230
ROHNERT PARK, CA 94928

FACILITY NAME: KINDERCARE LEARNING CENTER	FACILITY NUMBER: 483001825
	VISIT DATE: 07/15/2021

NARRATIVE

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The statements further described a lack of staff at the facility and that on several occasions, another Teacher sat between two adjoining preschool classrooms to supervise the children in both classes which had a total of 30 children.

CD’s statement confirmed the facility operated out of ratio when stating there were as many as 19 children in care with one fully qualified Teacher and an Aide, and sometimes the two staff provided care to more than 19 children in the classroom. CD claimed that all staff were qualified to perform their job and expressed she was unaware that the Aide was unqualified to work as a Teacher.

On 04/19/21, LPA reviewed staff records which indicated CD was either missing or had not submitted all records to meet the requirements as the Center Director, and the Aide in the Pre-K class did not meet the Teacher Aide qualifications of Title 22 regulations, 101216.2 which allows 18 children to be in care with a fully qualified Teacher and a Teacher’s Aide.

Based on this investigation, there is a preponderance of the evidence to support the allegations that staff were unqualified, and the facility is operating out of ratio, and therefore, the allegations are substantiated. The facility did not respectively comply with Teacher-Child Ratio and Teacher Aide qualifications requirements. The California Code of Regulations 101216.3(b)(1) and 101216.2 of the Title 22, Division 12 & Chapter 1, are being cited on LIC 9099D. This report was discussed and reviewed with CD and an Exit interview was conducted with CD. Notice of Site Visit shall be posted for 30 days. Appeal Rights were provided.

Reports citing Type A violations are to be provided to parents/guardians of children currently in enrolled and to parents/guardians of children newly enrolled at the facility during the next 12 months. Parents/guardians must sign Form LIC9224 to be kept in each child's file.

SUPERVISOR'S NAME: Leslie Lepori	TELEPHONE: (707) 588-5060
LICENSING EVALUATOR NAME: Melchisedeck Augustin	TELEPHONE: (707) 494-4918
LICENSING EVALUATOR SIGNATURE:	DATE: 07/15/2021

I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/15/2021

LIC9099 (FAS) - (06/04)

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Control Number 01-CC-20210413103741

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 101 GOLF COURSE DR. STE. A-230
ROHNERT PARK, CA 94928

FACILITY NAME: KINDERCARE LEARNING CENTER	FACILITY NUMBER: 483001825
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 07/15/2021

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type A 07/16/2021 Section Cited CCR 101216.3(b)(1)	1 2 3 4 5 6 7	A ratio of one fully qualified teacher (as specified in Section 101216.1(c)) and one aide for every 18 children in attendance in a preschool program is allowed when the aide meets the qualifications specified in Section 101216.2(d). This requirement is not met as evidenced by:	1 2 3 4 5 6 7	The Director stated she recently hired five staff and the facility has back staff available. The Director stated she will produce a detailed plan to outline how she intends to comply with the Teacher-Child ratio and the Department will conduct a visits to verify compliance with ratio requirements.
	8 9 10 11 12 13 14	Based on multiple statements that corroborated that the Pre-K and other classrooms operating out of ratio on multiple occasions for several weeks. This posed a posed an immediate health and safety risk to the children in care.	8 9 10 11 12 13 14	email: melchisedeck.augustin@dss.ca.gov public email: cclrpregionalofficegeneral@dss.ca.gov Fax: 707-588-5099
Type A 07/16/2021 Section Cited CCR 101216.2(d)(1)	1 2 3 4 5 6 7	An aide assisting a fully qualified teacher (as specified in Section 101216.1(c)) in the supervision of up to 18 preschool-age children, pursuant to Section 101216.3 shall meet the following requirements: Completion of six postsecondary semester or equivalent quarter units in early childhood education or child	1 2 3 4 5 6 7	The Director stated she made a change in the calssroom arrangements to now include on qualified staff. Director said she intends to review all staff qualification prior to hire. The Director stated she would submit a detailed plan which outlined the changes she made at the facility to ensure that Teacher-Child ratio would be met.
	8 9 10 11 12 13 14	development. This requirement is not met as evidenced by: Based on the Aide in the Pre-K class did not meet the Teacher Aide qualifications of Title 22 regulations, 101216.2 which allows 18 children to be in care with a fully qualified Teacher and a Teacher’s Aide. This poses an immediate health and safety risk to the children in care.	8 9 10 11 12 13 14	email: melchisedeck.augustin@dss.ca.gov public email: cclrpregionalofficegeneral@dss.ca.gov Fax: 707-588-5099

Failure to correct the cited deficiency(ies), on or before the Plan of Correction (POC) due date, may result in a civil penalty assessment.

SUPERVISOR'S NAME: Leslie Lepori	TELEPHONE: (707) 588-5060
LICENSING EVALUATOR NAME: Melchisedeck Augustin	TELEPHONE: (707) 494-4918
LICENSING EVALUATOR SIGNATURE:	DATE: 07/15/2021

I acknowledge receipt of this form and understand my appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/15/2021

LIC9099 (FAS) - (06/04)

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